Securing Compliance, Protecting Privacy: The PIPEDA Enforcement Evaluation Research Project

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This report contains an extended analysis of the Personal Information Protection and Electronic Documents Act. The choice of the ombuds-model is discussed and critiqued. PIPEDA is compared to other privacy legislation within Canada and, specifically, to the provincial private sector laws in Quebec, Alberta and British Columbia. PIPEDA is also compared to models in use in Australia and New Zealand. Finally, the PIPEDA model is compared to other non-privacy administrative legislation in Canada, specifically in the fields of human rights and telecommunications regulation.

Ultimately, the Association concluded that while the OPC presently has a significant commitment to privacy protection, the tools at its disposal are insufficient. Increasing the power available to the OPC would, in the Association’s view, move the regulated parties toward more substantial compliance with the law. A number of potential reforms are discussed in the final section of the report and several recommendations, summarized below, are suggested.

To read the full report, click here.